The City hereby adopts an internal grievance procedure providing
for prompt and equitable resolution of complaints alleging any action
prohibited by the Department of Justice's (DOJ) regulations (28
CFR Part 35) implementing Title II of the Americans with Disabilities
Act (ADA), as amended (42 U.S.C. § 12101 et seq.). Title
II states, in part, that "no qualified individual with a disability
shall, on the basis of disability, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination by
any public entity."
An investigation, as may be appropriate, shall follow the filing
of a complaint pursuant to this chapter. The investigation will be
conducted by the ADA Coordinator or the ADA Coordinator's designated
representative. These rules contemplate informal but thorough investigations,
affording all interested persons and their representatives, if any,
an opportunity to submit evidence relevant to a complaint.
A written determination as to the validity of the complaint under this chapter and a description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 15 days after a written complaint which meets the requirements of §
50-12A has been filed. The time period for a determination may be extended if such time is reasonable, justified, and not in bad faith.
A complainant under this chapter can request a reconsideration
of the case in instances where the complainant is dissatisfied with
the resolution. The request for reconsideration shall be made within
15 calendar days to the Mayor of the City.
The ADA Coordinator shall maintain the files and records of
the City relating to complaints filed under this chapter.